High-profile lawyer says lack of leadership, vision responsible for a CRTC in “disarray”

One of country’s top communications lawyers has described the CRTC as an agency lacking in vision and leadership. Peter Grant, a partner with McCarthy Tétrault, insists the regulator is essential, but says that changes are needed to ensure its effectiveness in a more competitive and technologically changing market. "The CRTC is in disarray," Grant said Tuesday at an Insight Information-sponsored cable, satellite and broadcasting conference in Toronto. "The appointments are uncertain. There is no permanent chair at this time. Its role is being reviewed by the Heritage Committee. Its recent decisions over the last few years have shown a lack of consensus. There have been some eloquent dissents. There is no clear leadership in the commission. There has been an increasing number of leaks from the commission, which generally shows an agency in disarray." He continued, "The decisions are sometimes hasty. They are often controversial. They are seemingly ad hoc and are often inconsistent. The panels don’t speak with a consistent or uniform voice." Such criticisms are not new to the CRTC, but they have been more vocal in recent months. Commissioners whose terms expire this yearDavid Colville: Aug. 31 (His term as chair expires on this date, but his term as a commissioner runs until Dec. 31, 2003). Andrée Wylie: Aug. 31 (Her term is widely expected to be renewed). Barbara Cram: Oct. 31 Jean-Marc Demers: Oct. 31Former chair Françoise Bertrand resigned her post about six months early to take a job with a Montreal consulting company (CCR, Dec. 7/00). Rather than appoint a full-time replacement, the Prime Minister’s Office asked vice-chair David Colville to fill in for six months. Colville’s term as chair ends Aug. 31, but his term as a commissioner runs until December 2003. His interim appointment as chair could be extended. If it isn’t, it is likely that he will continue on as a commissioner. Following the panel discussion, entitled A Look at the Future of the CRTC within the Canadian Broadcasting System, Grant told CCR that the government hasn’t chosen the right mix of people to sit on the commission. "…(The commissioners) need to have respect for each other and the process. That’s what seems to be missing here," he said. However, he emphasized that the CRTC – whether the existing commission or a revamped one – is crucial to Canadian broadcasting. It is still needed to license new market entrants in radio, conventional television, and eventually high definition television, he noted. Another key responsibility of the CRTC, as far as Grant is concerned, is ensuring that Canadian content regulations are properly policed. He also pointed out that in an age of unprecedented consolidation, the commission has a role to play in developing ownership policies and in mediating disputes, such as between specialty services and distributors over undue preference. Another panel member at the conference, Jim McIlroy, counsel on public policy and international trade at his own legal firm, pointed out that the CRTC faces pressure from technological changes in the marketplace, and from international trade negotiators pushing for more liberalized markets. "I do not believe anyone can predict how this double whammy is going to affect the CRTC. They are getting hit on both sides," said McIlroy. Grant, however, does not see these developments as shutting the CRTC out of the equation, and concluded: "We need the CRTC more than ever to retain sovereignty in our system. …We want the commission to succeed, we want the system to improve."

High-profile lawyer says lack of leadership, vision responsible for a CRTC in “disarray”

Broadcast | June 21, 2001

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